MADISON, Wis. – Attorney General Josh Kaul and a coalition of state attorneys general moved to intervene in a court’s review of the $14 billion merger settlement between Hewlett Packard Enterprises (HPE) and Juniper Networks that was approved by the U.S. Department of Justice (US DOJ).
In light of the significant concerns about US DOJ’s process for approving the HPE/Juniper Networks settlement, the coalition is urging the court to apply its authority under the federal Tunney Act to order an evidentiary hearing in which the states can appear as parties. The Tunney Act is a post-Watergate law enacted by Congress in 1974 to ensure that antitrust settlements reached by the Justice Department are based on the merits rather than undue influence by powerful corporations and their well-connected lobbyists.
“Antitrust settlements should be based on the merits, consistent with the law, and in the public interest,” said Attorney General Kaul. “The proposed resolution in this matter should be carefully scrutinized.”
Last month, Attorney General Kaul joined a group of attorneys general in sending a letter to US DOJ questioning the settlement after public reporting indicated that the final merger approval was driven by the improper influence of lobbyists at high levels of US DOJ.
The coalition of attorneys general is asking the court to grant the motion to intervene in the case, arguing that the states have a strong interest in ensuring that antitrust settlements are in the public interest and in preventing unlawful mergers from harming their citizens.
Attorney General Kaul joins the attorneys general of California, Colorado, Connecticut, the District of Columbia, Hawaii, Illinois, Massachusetts, Minnesota, North Carolina, New York, Oregon, and Washington in filing the motion with the court.
